QUESTION

How can I obtain a letter stating that I would like to purchase car outside of my plan?

Asked on Jun 16th, 2014 on Bankruptcy - Colorado
More details to this question:
I am currently in chapter 13. I cannot wait for 30 days to obtain a motion from due to medical diagnosis/medical leave of heat exhaustion and my current car does not have air/in need of major repairs. I have been approved for loan but dealership needs something in writing from trustee. I also plan to dismiss my plan because I have decided to not keep my home due to the financial upkeep/decrease in property value/large amount owed on home loan. I am in desperate need of transportation ASAP.
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7 ANSWERS

Visit with your attorney before you dismiss or purchase the car. You may wish to convert to a Ch 7 instead. The Trustee can give you the letter if s/he approves the purchase while still in the 13.
Answered on Jun 24th, 2014 at 3:55 AM

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Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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If you file the Motion to Dismiss, your case will be dismissed in short order. However, dismissing your case may to be the best thing for you in the long run. Bankruptcy is too serious of a matter to dismiss without knowing all the ramifications. Getting permission to buy a car can be simple or difficult depending on your jurisdiction. IN some, the trustee will grant permission and not require a motion to be filed. IN others, you have to file the motion which takes time. However, you can ask the court for the time The bottom line here is you need to discuss this entire situation With an attorney to make the best choice and or get your motion to dismiss or you motion to purchase expedited.
Answered on Jun 19th, 2014 at 8:13 PM

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Your trustee will need to sign a letter stating that the new loan will not adversely effect your plan payments. If you are trading out one payment for another or if your income will cover the new payment, the trustee may sign the letter without a hearing. The trustee will have time periods in place regarding how quickly they will review your budget information after it has been received. If you let them know it is a medical issue, my experience is that they will beat those time estimates. Call your trustee to be sure you follow the correct procedure.
Answered on Jun 19th, 2014 at 8:13 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The simplest way to be able to buy a car would be to dismiss your Chapter 13 now. Getting court permission will be necessary if you need to borrow money to finance the purchase of a vehicle. If you are looking to buy a vehicle with cash, no court permission is needed. Although there is a process called an OST (Order Shortening Time), it is a complicated process.
Answered on Jun 19th, 2014 at 8:13 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Call the Chapter 13 trustee's office and explain your situation. You still need to file a motion but the trustee can waive the 28 day requirement.
Answered on Jun 19th, 2014 at 8:12 PM

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Bankruptcy Chapter 7 Attorney serving Los Angeles, CA at The Law Offices of Peter M. Lively
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If you stay in the case, you need to obtain an order authorizing you to incur new debt. If you will be dismissing the case, the dealership may want a copy of the dismissal order.
Answered on Jun 19th, 2014 at 8:12 PM

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Ask the car dealer if you convert your case to a Chapter 7 can they process the loan immediately. Otherwise, you may need to dismiss your case, get your car, and file a new Chapter 7 (assuming you have unsecured debts you need to discharge). Work closely with the car folks.
Answered on Jun 19th, 2014 at 8:12 PM

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